Azim and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Azim and Another vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: arrest of the petitioners pursuant to the impugned FIR dated 22.10.2025 (Case Crime No. 119 of 2025) stayed till the next date of listing, subject to the petitioners cooperating in the police investigation; compromise to be submitted before the Chief Judicial Magistrate, Moradabad for verification within ten days; matter listed on 10.12.2025 as a fresh case.

Issue for consideration

Whether the criminal case arising from FIR dated 22.10.2025 (Case Crime No. 119 of 2025, P.S. Sonakpur, Moradabad) should continue to be prosecuted notwithstanding the compromise reached between the parties. +1 more

Court's answer

The parties are directed to appear before the Chief Judicial Magistrate, Moradabad and submit the compromise for verification within a period of ten days; the C.J.M. shall verify the compromise after ascertaining the identity of the parties through the Investigating Officer and send a report before the next date of listing.

Ratio / Principle

Till the next date of listing, the arrest of the petitioners pursuant to the impugned first information report dated 22.10.2025 registered as Case Crime No. 119 of 2025, under Sections 3(5), 109, 115(2) and 351(3) of B.N.S., Police Station Sonakpur, District Moradabad, shall remain stayed.

Key takeaways

The petitioners are directed to cooperate in the police investigation, and the counter affidavit on behalf of the State shall disclose whether the petitioners have been cooperating in the police investigation.ratio¶14
The matter is to be put up on 10.12.2025 in the list of fresh cases before the appropriate Bench, and shall not be treated as part heard or tied up to this Bench.ratio¶12

Detailed headnote1 paragraphs

Azim and another v. State of U.P. and 3 others, High Court of Judicature at Allahabad (Court No. 49), Criminal Misc. Writ Petition No. 26044 of 2025, decided November 14, 2025 (Hon'ble Ajay Bhanot, J. and Hon'ble Garima Prashad, J.). Petition under challenge to FIR dated 22.10.2025 registered as Case Crime No. 119 of 2025 under Sections 3(5), 109, 115(2) and 351(3) of B.N.S., Police Station Sonakpur, District Moradabad. Learned counsel for the petitioners and for respondent nos. 3 and 4 jointly contended that the parties had arrived at a written compromise and did not wish to continue the prosecution. The Court directed the parties to appear before the Chief Judicial Magistrate, Moradabad within ten days to submit the compromise for verification, the C.J.M. to verify it after ascertaining the parties' identity through the Investigating Officer and to report before the next date. Arrest of the petitioners was stayed till the next date of listing, conditional on their cooperation in the police investigation, which the State's counter affidavit must disclose. Matter to be listed on 10.12.2025 in the fresh cases list, not part heard or tied to the Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 26044 of 2025

Azim And Another

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Parvez Iqbal Ansari
Counsel for Respondent(s)	: G.A.

Court No. - 49

HON'BLE AJAY BHANOT, J. HON'BLE GARIMA PRASHAD, J.

Sri Parvez Iqbal Ansari, learned counsel for the petitioners and Sri Arbaz Khan, learned counsel for the respondent nos. 3 and 4 jointly contend that the parties have arrived at a compromise which has been reduced to writing. The parties do not wish to continue with the prosecution of the criminal case in view of the aforesaid compromise.

The parties shall appear before the Chief Judicial Magistrate, Moradabad and submit the compromise for verification within a period of ten days. The C.J.M. shall verify the compromise after ascertaining the identity of the parties through the Investigating Officer. A report shall be sent by the Chief Judicial Magistrate before the next date of listing.

Put up this matter on 10.12.2025 in the list of fresh cases before the appropriate Bench.

Till the next date of listing, the arrest of the petitioners pursuant to the impugned first information report dated 22.10.2025 registered as Case Crime No. 119 of 2025, under Sections 3(5), 109, 115(2) and 351(3) of B.N.S., Police Station Sonakpur, District- Moradabad, shall remain stayed.

The petitioners are directed to cooperate in the police investigation.

CRLP No. 26044 of 2025

2

The counter affidavit on behalf of the State shall also disclose whether the petitioners have been cooperating in the police investigation or not.

This matter shall not be treated as part heard or tied up to this Bench.

(Garima Prashad,J.) (Ajay Bhanot,J.)

November 14, 2025 Sachin Mishra

Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad